(2016) JELR 45852 (CA)    

Court of Appeal  ·  CA/L/353/2009 ·  18 Mar 2016 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
3rd appellants
alhaji mutairu ojulari
exhibit d1a
madam alice jacob onasanya
2nd defendant
1st defendant
said property
trial judge
exhibit d1
exhibits d1a
judgment of the trial court
learned trial court
new issue
statement of claim
weight of evidence
claims of the appellants
finding of the trial court
improper use of the opportunity
lower court
appellate courts
application of the appellants
briefs of argument
briefs of arguments
case of the appellants
death of madam alice jacob onasanya
documents of title
evidence of the respondent
evidence of witnesses
exhibit p1b
judgment of the high court of lagos state
kawonuse branch of their adegunwa family
leading judgment
learned counsel
oral evidence of the dw1
order of court
order of possession of the said land
reliable evidence
said alhaji mutairu ojulari
said defendants
said madam alice jacob onasanya
said mr. alex motunrayo
sale of the said property
testimony of pw2

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State in Suit No. CA/L/353/09 delivered on the 5th day of October, 2007 dismissing the claims of the Appellants against the Respondent and another person, Mr. Alex Motunrayo. The said Mr. Alex Motunrayo who was the 2nd Defendant at the trial Court did not participate in the proceedings in that Court and based on the application of the Appellants dated 5/5/11 this appeal was discontinued against him and his name was struck out.

The Appellants as claimants in the lower Court instituted this action claiming the following reliefs against the said Defendants in their Amended Statement of Claim dated 21st April, 2004:

"(q) A Declaration that the Claimants are the owners of the piece or parcel of land and the house built thereon situate at N0. 44 Oniwaya Road, Agege, Lagos and are therefore entitled to possession of same and appurtenances,

(b) A Declaration that th…

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